Research archive

Illegal firearms and gun detector dogs

NSW Minister for Police
Media Release
16 May 2002

Police Minister Michael Costa today announced new laws and more resources to help police target the illegal possession and supply of firearms.

Mr Costa said the latest crime statistics had shown firearm-related crime was a major concern for police and the community.

“NSW already has the toughest gun laws in the country. But we must continually update them to meet changing operational needs,” Mr Costa said.

The changes meant:

• Police could use Firearm Detector Dogs in all public places without a warrant. That included streets, on public transport services, at licensed premises and entertainment venues. This clarified the laws applying to Firearm Detector Dogs;

• The NSW Police Firearm Detection Dog Unit would be expanded from 6 to 26 dogs. They have the ability to trace firearms, gun shot residue, and explosives (see attached examples). They would be trained and operational as soon as possible;

• The Commissioner of Police could refuse future firearms licence applications on the basis of operational concerns. This could occur without police being required to disclose the concerns, if they jeopardised an investigation. This could be reviewed by the Administrative Decisions Tribunal;

• Any unlicensed person found in possession of three or more unregistered firearms would be deemed an illegal supplier, and face the maximum penalty of 20 years imprisonment;

• An offence would be created of knowingly supplying materials or information to illegally modify firearms; and

• Devices designed to capture cartridges ejected from firearms would be banned. This would assist police in the collection of spent cartridges as evidence at crime scenes. Licensed shooters would be exempt.

Mr Costa said in addition to the firearm-specific changes, frontline NSW Police had also sought changes to their “move on powers”, and increased penalties for third-time knife offenders.

The Minister said:. The penalty would be doubled for anyone convicted of knife-related offences for a third time, to a maximum fine of $2,200 and/or 2 years imprisonment; 

• The Summary Offences Act would be clarified so police were not required to give multiple ‘move-on’ warnings in crowd situations; and 

• Police ‘move-on’ powers were being reviewed to determine if the procedures were too onerous. This is consistent with the Ombudsman’s recommendations;

“The move-on laws and knife powers have worked well with more than 97,000 searches and 112,000 move-ons issued since their introduction. But we need to know if the laws can now be improved,” Mr Costa said.

Mr Costa said the law reforms were designed to be in place before the NSW Police restructure officially began on July 1st.

“We need to make sure we mesh these greater police powers with high-impact operational activity.

“That’s why the Government is working closely with NSW Police to ensure officers have what they need when the restructure commences,” Mr Costa said.

The Firearm Detector Dog Unit would be deployed in known metropolitan and regional hotspots to work with frontline police.

They would:

• Perform covert detection operations with plain clothes police; and

• Conduct random detection sweeps to enhance crime prevention and improve feelings of public safety.

Mr Costa said he was working with other State governments to draft a new National Firearms Trafficking Agreement, and develop improved border protection proposals to put to the Federal Government.

“NSW Police are doing all they can to defeat firearm-related crime. But stopping illegal handguns at our borders is the most effective way to drive gun crime down.”

Mr Costa reiterated these latest changes were targeted at illegal manufacturers and carriers of illegal firearms.

“Sensible and law abiding shooters have nothing to fear from these proposals.”

Mr Costa said the Government would be discussing the drafting of the legislation with John Tingle MLC to ensure the concerns of sporting shooters were addressed.

Contact: Eamonn Fitzpatrick 0401 719 488
Josh Murray 0408 166 449

 

Firearm Detector Dogs examples of use

Firearm Dogs have been successfully used to detect:

• Gun shot residue during vehicle searches;

• A spent cartridge under the verandah of a house south of Sydney, which was linked to a weapon used in an armed robbery;

• A firearm under a mattress, during execution of a search warrant at the scene of a shooting in Bankstown in February 2001;

• Six spent cartridge cases at a crime scene in Western Sydney in February 2001;

• A spent cartridge case in a tree at a crime scene;

• Gun shot residue on clothing worn or used by offenders when carrying firearms;

• A loaded semi-automatic handgun hidden behind a television cabinet;

• Explosives, a pipe bomb, several rifles, and ammunition during execution of search warrants at a southern Sydney address in June 2001; and

• Rifle parts and ammunition during execution of a search warrant in relation to the Outlaw Motorcycle Gang investigations.

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